ORDINANCE NO. 080879
Approving an amendment to a
previously approved preliminary community unit project plan in District R-4 (Low
Apartments) on approximately a 23 acre tract of land generally located on the
east side of View Crest Drive between N.W. 95th Terrace and Missouri Highway
152. (13434-CUP-4)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
an amendment to a previously approved preliminary community unit project plan
in District R-4 (Low Apartments) on approximately a 23 acre tract of land
generally located on the east side of View Crest Drive between N.W. 95th
Terrace and Missouri Highway 152, and more specifically described as follows:
All that part of the
East One Half of the West One Half of the Northwest Quarter of Section 2,
Township 51, Range 33, Kansas City, Clay County, Missouri, being described as
follows: Commencing at the southeast corner of the East One Half of said West
One Half; thence North 006'03" East (Deed-N 014'21" W), along the
East line of the East One Half of said West One Half 29.48 feet to a point on
the Northerly right-of-way line of State Highway No. 152, as now established,
said point being the True Point of Beginning of the tract to be herein
described; thence continuing North 006'03" East along said East line,
1903.65 feet to a point on the North line of Craig Road, as now established;
thence North 5244'07" West (Deed-N 5301'23" W), along said North
line, 72.27 feet (Deed-72.95'); thence Westerly, along said North line, on a
curve to the left, tangent to the last described course, having a radius of
459.72 feet, a central angle of 3715'49", an arc distance of 298.99 feet;
thence North 8959'58" West (Deed-S 8942'46" W), along said North
line, 176.88 feet; thence South 000'02" West (Deed-S 017'14" E),
45.00 feet; thence North 8959'58" West, 2.65 feet to a point 135.00 feet
East of the West line of the East One Half of the West One Half of said Northwest
Quarter; thence South 004'28" West, parallel with and 135.00 feet East
of said West line, 897.67 feet to the North line of Summit Crest as plotted on
the Plat of Lakeview Acres, a subdivision of land in the City of Kansas City,
Clay County, Missouri; thence South 8955'32" East, along said North
line, 100.00 feet; thence South 004'28" West, along the East line of
said Summit Crest, 50.00 feet; thence North 8955'32" West, along the
South line of said Summit Crest, 80.00 feet to the Northwest corner of Lot 14,
said Lakeview Acres; thence South 004'28" West, along the West line of
said Lot 14 and Lots 9 thru 13, said Lakeview Acres, 762.22 feet to the
Southwest corner of said Lot 9; thence North 7204'28" East, along the
North line of Craig Crest, as platted by said Plat of Lakeview Acres, 180.89
feet; thence South 3413'22" East, along the East line of said Craig
Crest, 52.09 feet; thence South 7204'28" West, along the South line of
said Craig Crest, 232.78 feet to a point 135.00 feet East of the West line of
the East One Half of the West One Half of said Northwest Quarter; thence South
004'18" West, parallel with and 135.00 feet East of said West line,
224.84 feet to a point on the Northerly right-of-way line of the aforementioned
State Highway No. 152; thence South 7459'55" East, along said North
right-of-way line, 37.28 feet; thence South 8842'20" East, along said
North right-of-way line, 478.74 feet to the True Point of Beginning. Except
that part platted as Lots 9 thru 14, Inclusive, Lakeview Acres, a subdivision
of land in Kansas City, Clay County, Missouri.
Tract II - All of
Lots 9 thru 14, Inclusive, Lakeview Acres, a subdivision of land in Kansas
City, Clay County, Missouri.
is hereby approved, subject to
the following conditions:
1. That the developer cause the area to be platted and processed
in accordance with Chapter 66, Code of Ordinances of the City of Kansas City,
Missouri, commonly known as the Subdivision Regulations.
2. That the developer dedicate additional right of way for a
collector street as required by Development Services so as to provide a minimum
of 30 feet of right of way as measured from the centerline of N.W. 95th
Terrace.
3. That the developer dedicate additional right of way for a
residential street as required by Development Services so as to provide a total
of 25 feet of right of way as measured from the centerline of N.W. View Crest Drive.
4. That the developer grant a public pedestrian easement over those
portions of the pedestrian sidewalk/path along N.W. 95th Terrace located on
private property
5. That the developer improve the southern one-half of N.W. 95th
Terrace to collector street standards as shown on the development plan,
including, sidewalks, streetlights, existing roadway section transitions
to meet vertical and horizontal alignment standards, and relocation of
utilities as required by Development Services.
6. That the developer improve the eastern one-half of View Crest
Drive to residential street standards as required by Development Services,
including curbs, gutters, sidewalks, streetlights, existing roadway section
transitions to meet vertical and horizontal alignment standards, and relocation
of utilities.
7. That the developer construct an eastbound right turn lane
with a minimum length of 50 feet plus appropriate taper on N.W. 95th Terrace at
N.W. View Crest Drive with Phase 1, as required by Development Services
8. That adequate sight distance be provided for the intersection
of N.W. View Crest Drive and N.W. 95th Terrace as required by Development
Services.
9. That the developer submit a macro/micro storm drainage study
to Development Services for approval for the entire development when the first
plat is submitted, and that the developer construct any improvements as
required by Development Services.
10. That the developer submit plans for grading and siltation and
erosion control to Development Services for approval prior to the commencement
of any construction activities.
11. That the developer secure a land disturbance permit from
Development Services prior to beginning any construction, grading, clearing, or
grubbing activities, if the disturbed area exceeds one acre.
12. That the developer contribute money in lieu of parkland
dedication for future units at a rate of $126.11 per multifamily unit (2.0 x
.006 x $10,509.41 (year 2008) = $126.11) in satisfaction of Section 66-128 of
the Subdivision Regulations.
13. That the developer install hard surface roads and provide for
fire protection as required by the Fire Department prior to construction beyond
foundations.
14. That the developer extend water mains as required by the Water
Services Department.
15. That the developer extend sanitary sewers to ensure individual
service is provided to all proposed lots and determine adequacy as required by
Development Services.
16. That the developer provide a storm water conveyance system to
serve all proposed lots within the development and determine adequacy as
required by Development Services.
17. That the developer design and construct all interior streets
to City standards as required by Development Services, including curb, gutter,
storm sewers, streetlights, and sidewalks.
18. That the developer provide a copy of a private inspection
report that states that the private alleys have been constructed to City
standards.
19. That the developer obtain the grading consents, and all
grading, temporary construction and drainage/sewer easements from the abutting
property owner prior to submitting any public improvements.
20. That the developer subordinate to the City all private
interest in the area of any right-of-way dedication as required by the
Development Services, and that the developer be responsible for all costs
associated with subordination activities.
21. That the developer construct temporary off-site cul-de-sacs as
required by Development Services.
22. That the developer secure permits to construct or reconstruct
existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary
along all development street frontages, as required by Development Services,
prior to recording the plat.
23. That the developer submit covenants, conditions and
restrictions to the Law Department for approval for the maintenance of private
open space and enter into a covenant agreement for the maintenance of any
stormwater detention area tracts.
24. That the developer further subdivide the area by plat or certificate
of survey prior to the sale of individual units.
25. That the developer submit a street tree planting plan prior to
or concurrent with the final plat submittal, secure the approval of the City
Forester for street trees planted on right-of-way in front of residential lots
(with a copy to be submitted to the City Development Department staff), and
plant in conformance with the plan approved by the City Forester. The plan
shall include size, type, species, and placement of trees.
A copy of said Community Unit
Project plan is on file in the office of the City Clerk with this ordinance and
is made a part hereof.
Section B. That
the Council finds and declares that before taking any action on the proposed
Community Unit Project hereinabove, all public notices and hearings required by
the Zoning Ordinance have been given and had.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary, City
Plan Commission
Approved as to
form and legality:
___________________________________
M. Margaret
Sheahan Moran
Assistant City Attorney